Keypoints:
- Through an affidavit, the Maharashtra government has opposed the petitions challenging the May 7 government resolution (GR) which had cancelled the 33% reservation in promotions for the ones employed through quota in SC, ST, VJNT and SBC categories, and have sought dismissal of petitions.
- Bombay HC was informed by the state that the decision was taken as per law prevailing in the state. It was subject to the further orders in the Supreme Court.
The Maharashtra government, through an affidavit has opposed the petitions challenging the May 7 government resolution (GR) which had cancelled the 33% reservation in promotions for the ones employed through quota in SC, ST, VJNT and SBC categories, and have sought dismissal of petitions. The state has informed Bombay HC that the decision was taken as per law prevailing in the state. It was subject to the further orders in the Supreme Court, which is now hearing special leave petitions which have been filed after the Bombay HC struck down the 2004 gr. It had introduced reservation in promotion. The state has said that as the apex court was already seized of the matters which challenged May 7 GR, the High Court should not interfere in the petitions which have been devoid of merit.
A division bench of Justice KK Tated along with Justice RI Chagla which is hearing a clutch of petitions which are challenging the May 7 GR was informed on Tuesday by the senior counsel Mihir Desai representing the government has stated that an affidavit has been filed in reply to the petitions.
The affidavit states that the decision to scrap the policy which is nearly two decades old, has come after two days after the Supreme Court scrapped the maratha reservation which was allowed by the High Court.
On behalf of the numerous petitioners, senior counsel Indira Jaising and other counsels who have challenged the May 7 GR, have said that the decision would affect the rights of the ones belonging to reserved categories. Jiasing submitted that while the other reservations of 33% existed since 1974. In a single stroke, all the seats got de-reserved.
Further, the government has said that it does not want to face contempt proceedings by granting reservations in promotion of the ad-hoc basis as the HC order which had struck down the 2004 GR and is still not stayed by the apex court, which is why it sought dismissal of pleas. The petition is likely to be heard by the HC in July.
